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BCBG Obtains Consent Judgment in Trade Dress Suit

On March 12, 2012, BCBG Max Azria Group, Inc. (BCBG) sued Stretta Moda, LLC (Stretta) for infringement, unfair competition, and dilution of its Herve Leger bandage dress design. Although Stretta filed an answer denying the allegations, the parties entered into a Stipulated Consent Judgment on April 23, 2013 enjoining Stretta from selling any garments that imitated BCBG’s trade dress and awarding $150,000 in attorneys’ fees and costs.

Smart Search Concepts Files Patent-Infringement Lawsuits Against Fashion Retailers

On June 7–8, 2013, patent-licensing entity Smart Search Concepts LLC filed nine similar patent-infringement lawsuits targeting fashion retailers Gap, JC Penney, Kohl’s, Macy’s, Neiman Marcus, and Nordstrom, among other defendants. According to the complaints, the fashion retailers infringe some or all of three patents directed to “on-the-fly” website searches. The accused websites allegedly infringe when their search tools combine keywords with menus to help users narrow product selections.

Fashion Counsel: The Legal Risks of Appearance-Based Hiring

Earlier this week, the dating website managed to grab international headlines after it launched a recruitment portal that provides employers with only “attractive” job applicants.

Steve Madden Settles TCPA Class Action for Up to $10 Million After Texting Customers

On May 7, 2013, the US District Court for the Central District of California granted final approval of Steven Madden, Ltd.’s settlement of a nationwide class action alleging that it violated the Telephone Consumer Protection Act (TCPA) by sending plaintiff and class members unsolicited text message (SMS) advertisements. The court-approved settlement includes the following key terms:

Fashion Counsel: Visas & Visiting Executives

Arent Fox today released Episode 7 of Fashion Counsel with Anthony V. Lupo. This edition features partner Nancy Noonan whose practice focuses on the US’s immigration and nationality laws. In Episode 7, host and Arent Fox partner Tony Lupo interviews Ms. Noonan on the best visa types to assure smooth extended stays for strategic managers on assignment in the US for up to seven years.

World Renowned Fashion Giant Ralph Lauren Corporation Resolves Foreign Corrupt Practices Act Investigation with DOJ and SEC for $1.6 Million

On April 22, 2013, the United States Department of Justice (DOJ) and United States Securities and Exchange Commission (SEC) announced that fashion powerhouse Ralph Lauren Corporation (RLC) has agreed to pay $1.6 million collectively to resolve allegations of misconduct under the Foreign Corrupt Practices Act (FCPA) for allegedly bribing government officials in Argentina to obtain improper customs clearance of merchandise and for illicitly providing expensive gifts to Argentine officials to secure the importation of RLC’s products into Argentina.

When Complaining About Your Job Becomes Protected Concerted Activity: NLRB Holds Firings for Negative Facebook Posts About Fashion Company Unlawful

Introduction On April 19, 2013 the National Labor Relations Board (NLRB) held that the Bettie Page clothing company unlawfully fired employees who used Facebook to discuss complaints about their supervisor’s conduct and other work-related concerns, rejecting the employer’s claim it was tricked into firing the workers. Design Tech. Grp. LLC d/b/a Bettie Page Clothing, 359 NLRB No. 96 (April 19, 2013).

Court Denies Urban Outfitters’ Motion to Dismiss Navajo Nation’s Trademark Suit

On February 28, 2012, The Navajo Nation (Navajo Nation) sued Urban Outfitters, Inc. and its subsidiaries (Urban Outfitters) in the US District Court for the District of New Mexico for trademark infringement, dilution, unfair competition, false advertising, unfair practices and state trademark infringement, and violation of the Indian Arts and Crafts Act (IACA). Urban Outfitters filed a motion to dismiss the complaint, and on March 26, 2013, the court granted and denied the motion in part.

Fashion Counsel Episode 6: Bridging the Euro/US Privacy Divide

Arent Fox today released Episode 6 of Fashion Counsel with Anthony V. Lupo. This edition features Sarah Bruno, partner in Arent Fox’s Intellectual Property practice who focuses on privacy and data security. In Episode 6, host and Arent Fox partner Tony Lupo interviews Ms. Bruno on safe harbor and model clause solutions that protect companies passing personal data across servers in the United States and Europe.

Kardashian Khroma Beauty Line Continues Trademark Battle

On March 11, 2013, the US District Court for the Central District of California granted Lee Tillett, Inc.’s (Tillett) motion for preliminary injunction preventing Boldface Group, Inc. (Boldface), which sells the makeup line Khroma Beauty by Kourtney, Kim, and Khloe Kardashian, from using the mark KHROMA. Boldface has appealed the order to the Ninth Circuit.